Separated, how much should I provide?

RAS

JackRS wrote: »

I have submitted a claim against the landlord for not registering deposit after 12 month term and unlawful rent increase. Cost me £185 to register claim. I tried to get the court to review both claims at the same hearing but I needed to complete an application that would cost £50 so decided to leave it and do them the same.

If the deposit was not registered, at present, the S21 notice is invalid. Do go over to the renting forum here for help as this "loop-hole" is being changed. Think you are Ok however.

Then, the LL has to return it in full and re-issue the S21 which gives you another two-three months before they can go back to court.

JackRS

Caroline_a wrote: »

Talk about 11th hour - this might help you though, Jack!

http://www.telegraph.co.uk/news/uknews/law-and-order/11429864/Divorced-wife-told-to-get-a-job-and-stop-living-off-her-ex.html

Thanks for that, hope my judge has a similar mindset. Even if it was agreed for me to paymaintenance mine has various trigger events that would put me in a differentsituation than in this article. Triggerevents such as my job/income change, retirement, her cohabiting more than 6months and her earning a certain amount.

kelpie35

I do hope that your housing predicament goes in your favour tomorrow, Jack.

6 more weeks to go to the next court visit.

Hope you are keeping positive and that the post from Caroline has given you some hope.

Take care

Caroline_a

Reading the article in the Telegraph, the child (or youngest child) seems to have been 10 and in boarding school. So Jack, your wife's desire to be a kept woman when your children are all over 18 is ludicrous!

JackRS

RAS wrote: »

If the deposit was not registered, at present, the S21 notice is invalid. Do go over to the renting forum here for help as this "loop-hole" is being changed. Think you are Ok however.

Then, the LL has to return it in full and re-issue the S21 which gives you another two-three months before they can go back to court.

They know the section 21 is not valid as hat was issued forme to be out by end of October but they never pursued instead their claim isfor repossession due to consistently late payment of rent. I explained in my response that I help back just under 2 months to protect my deposit butI have since then paid up so there are no arrears. The Landlord wants me out because he can findsomeone willing to pay more, however I had rent review report confirm theamount I was paying was fair. So I’dimagine a judge would see that actually the Landlord has got his rent, the circumstances of late payment is clear,the reason for repossession are not justified as there is actually no loss tothe Landlord.

duchy

Whilst I don't agree with the meal ticket for life..... part of me wonders just what kind of earning capacity a women in her fifties with no recent useful work history would have.

Whilst my feelings are that exMrsJ has ideas above her station as Jack's income doesn't fall into the super rich catagory and in most normal marriages women who have worked for at least part of the marriage tend to work more once the kids are older-unlike the very wealthy man who have no expectation that their wives need to work -and in some cases discourage it.

This decision certainly can't hurt Jack's case.

RAS

JackRS wrote: »

So I’dimagine a judge would see that actually the Landlord has got his rent, the circumstances of late payment is clear,the reason for repossession are not justified as there is actually no loss to the Landlord.

Yep it is wholly discretionary (for the judge to decide) and if you explain that you expect to move out once the house is sold, even less reason for the judge to agree.

Make sure you tell the judge that they also issued an invalid S21.

Interesting that the deposit is just less than 2 months, I believe that 2 months is counted as a premium.

Have you checked whether the deposit is correctly secured now (and whether it was when you started withholding rent)?

RAS

Caroline_a wrote: »

Reading the article in the Telegraph, the child (or youngest child) seems to have been 10 and in boarding school. So Jack, your wife's desire to be a kept woman when your children are all over 18 is ludicrous!

No, the couple's older daughter is at boarding school and it seems that Mr will be paying for the 10 year old to go, presumably in a year or so.

With Jack's case MRs had a sort of reason to need additional support whilst she was ferrying DD to get to college but that was not reason not to re-train and not to get some agency work under her belt.

Lost count of the number of applications I read which suggest that someone worked for an agency "2009 to date" and on checking find they have done a total of 8 weeks and not actually come off the books so count it as still employed.

So it a a really good way to make your CV look better as long as you do not come up against the more rigourous checks we have to make.

JackRS

RAS wrote: »

Yep it is wholly discretionary (for the judge to decide) and if you explain that you expect to move out once the house is sold, even less reason for the judge to agree.

Make sure you tell the judge that they also issued an invalid S21.

Interesting that the deposit is just less than 2 months, I believe that 2 months is counted as a premium.

Have you checked whether the deposit is correctly secured now (and whether it was when you started withholding rent)?

Deposit £1000, rent £695pcm

I have since checked and confirmed registered which is why Ipaid rent arrears.

RAS

JackRS wrote: »

Deposit £1000, rent £695pcm

I have since checked and confirmed registered which is why Ipaid rent arrears.

Fair point to make to the judge.